The members of the New Mexico state fair commission and their successors in office, shall constitute a body corporate under the name and style of the "New Mexico State Fair" with the right as such of sueing [suing] and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure.
History: Laws 1913, ch. 46, § 11; Code 1915, § 5015; C.S. 1929, § 127-110; 1941 Comp., § 48-2110; 1953 Comp., § 45-20-10.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
State fair's negligence liability. — The state fair was not immune from suit alleging its negligence in permitting an activity to be conducted on its premises which would result in a dangerous traffic condition developing on adjoining streets. Bober v N.M. State Fair, 1991-NMSC-031, 111 N.M. 644, 808 P.2d 614.
Constitutionality of county appropriations to commission or fair. — Though counties cannot, under N.M. Const., art. IX, § 14, make a donation to the state fair commission, a corporation, they may make appropriations with which to install displays at the state fair which, presumably, will be of benefit to the counties. 1915 Op. Att'y Gen. No. 15-1578.
Counties may appropriate money for constructing building in which to show exhibits installed by the counties at the state fair. 1915 Op. Att'y Gen. No. 15-1676.
Tort liability of fair and employees. — Though the state fair is a body corporate with right to sue and to be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.)
Where state fair not liable. — The New Mexico state fair, as a corporate body of the state of New Mexico, is not liable for its torts. 1964 Op. Att'y Gen. No. 64-70 (opinion rendered prior to adoption of current version of Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Tort liability of fair and employees. — Though the state fair is a body corporate with right to sue and be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of owner or operator for injury to patron of fair, carnival, or the like, from operation of sideshows, games, or similar concessions, 24 A.L.R.3d 945.
Structure New Mexico Statutes
Chapter 16 - Parks, Recreation and Fairs
Article 6 - State and County Fairs
Section 16-6-2 - [Payment of premiums on bonds.]
Section 16-6-3.1 - Budget review requirements.
Section 16-6-4 - Powers and duties of commission; annual fair; exhibits; premiums.
Section 16-6-5 - State fair commission administratively attached to tourism department.
Section 16-6-6 - [Annual meeting; election of officers; financial report to governor.]
Section 16-6-7 - [Annual appropriation; Albuquerque contribution.]
Section 16-6-9 - Appropriation; how paid to the commission.
Section 16-6-10 - Fair commission; expenses.
Section 16-6-11 - [Corporate powers of fair commission.]
Section 16-6-12 - [Contracts; financial interest by commissioner; effect; penalty.]
Section 16-6-13 - [Additional powers of fair commission; definitions.]
Section 16-6-14 - [Creating New Mexico state fair, a separate and independent legal entity.]
Section 16-6-15 - Additional powers.
Section 16-6-16 - Issuance of negotiable bonds; terms.
Section 16-6-17 - Powers to secure bonds.
Section 16-6-18 - Moneys of New Mexico state fair.
Section 16-6-19 - Validity of bonds.
Section 16-6-20 - Prohibitions against obligating state of New Mexico.
Section 16-6-21 - Bonds obligations of New Mexico state fair.
Section 16-6-22 - Supplemental nature of act, construction and purpose.
Section 16-6-23 - [Eastern New Mexico state fair; purposes; exhibits.]
Section 16-6-24 - [Reorganization of Chaves county cotton carnival.]
Section 16-6-25 - [Authorization for holding of an annual bi-state fair in Curry county.]
Section 16-6-26 - [Bi-state fair association.]
Section 16-6-27 - [Bond issue election; ballot; notice; voters; sale of bonds.]
Section 16-6-29 - [Contesting validity of proceedings; limitation.]
Section 16-6-30 - [Tax levy; redemption fund; procedure for redeeming bonds.]
Section 16-6-31 - [Ownership and maintenance of real and personal property.]
Section 16-6-32 - Advisory committee created; appointments; staggered terms of members; duties.